At Radiant Futures we understand that many people who want to break free from an unsafe or abusive living situation may feel trapped and unable to leave – often for one simple reason: they’re in an ongoing lease agreement.
In most cases, when someone is currently a tenant (a renter) – and they have a lease agreement with the landlord that is longer than “month to month”, the idea of ending a lease agreement before the time is up – can be overwhelming.
It gets complicated when a person’s name is on a lease agreement with the person who abused or exploited them.
While breaking your lease early doesn’t automatically affect your credit history, a landlord usually can demand some things from that a tenant who stops renting before their lease is up. If the lease agreement is for a year and started in July. Now it’s September, and there’s still 10 months left.
If I decide to end my lease early – in most cases – the landlord can refuse to give me back my security deposit and demand that I pay the total rent still owed on the months remaining (unless the landlord can re-rent the apartment). If I don’t pay, the landlord can send my unpaid debt to a collection’s agency.
And many people would rather choose to stay in an abusive relationship than have their credit be negatively affected by ending a lease early and being unable to pay back the remaining months.
And this is because many people don’t know that in reality, there’s a California law that allows survivors of violence, abuse, or exploitation to end their lease early without the typical consequences of breaking a lease.
Basically, the law says this:
- A person who is renting can choose to end their lease early if they (OR their immediate family member or household member) are a survivor of either domestic violence, human trafficking, or another specific form of abuse or violence.
California Civil Code Section 1946.7 says that the renter also has to provide 14-day notice to the landlord of their intent to end their lease early, plus additional documentation to support their claim of having experienced abuse.*
The renter must also pay any outstanding rent up to the end of the 14-day period.But if these conditions are met – in most cases, the renter can walk away from an ongoing lease and not be responsible for any additional rent after the end of the 14-day notice period. Even if there are several months still remaining on the lease agreement!
*It is important to note the types of supporting documentation that can be provided to a landlord along with a 14-day notice include either a recent restraining order, or a recent police report OR documentation from a “Qualified Third Party” – a professional who can write a letter supporting the survivor’s claim of abuse – many types of professionals qualify to write such a letter.
At Radiant Futures, our advocates fit the requirements of a Qualified Third Party and can write a letter in support of an abuse survivor’s decision to end their rental lease early.
If you, or someone you know is in a situation where you need to end your lease early because of a violent or abusive situation, please call our 24/7 Helpline at 877-531-5522, to get connected with an advocate who can help you understand if this option is something that you currently qualify for, and if so, can help you start to leave that unsafe rental situation as quickly and as easily as possible.